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(영문) 울산지방법원 2020.09.24 2019나15144

임대차보증금

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Of the judgment of the first instance, the part against the defendant (Counterclaim) that exceeds the following order to pay the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and thus, it is reasonable to accept the reasoning of the judgment of the court of first instance, except for the dismissal as follows.

2. The height of the first instance judgment of the same part is divided into “(including each number, if any, and hereinafter the same shall apply)” in paragraph 10 of the fourth part of the first instance judgment.

"Leases from March 31, 2018 to March 31, 2018" in the 8th two or three parallels in the judgment of the first instance are as follows: "Leases from June 30, 2018 to June 30, 2018".

Part 6 through 7 of the first instance judgment are as follows.

B. In the lease contract for rent and deduction of unjust enrichment, the lease deposit covers not only the claim for return of unjust enrichment equivalent to the rent incurred after the termination of the lease contract, but also the claim for damages equivalent to the cost of restoring the damaged building portion. Thus, the lessor is obligated to return only the remainder after deducting the secured debt from the lease deposit. The lessor is obligated to claim and prove the claim for return of unjust enrichment secured by the lease deposit and the claim for compensation for damages (see, e.g., Supreme Court Decision 95Da1464, 14671, Jul. 25, 1995). In the lease contract, the lease deposit guarantees all the obligations of the lessee arising from the lease until the lease is ordered to the lessor after the termination of the lease contract. The amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention. Thus, the lessor is obligated to return only the remainder of the secured obligation to the lessee after deducting the secured obligation from the lease deposit.

(see, e.g., Supreme Court Decision 2005Da8323, 8330, Sept. 28, 2005). It is only 14.3 million won per month for the instant lease agreement.